St. Petersburg Medical Malpractice Lawyers
When people hear “medical malpractice,” they usually picture a doctor making a mistake in an operating room. Our $2.6 million verdict in Pinellas County didn’t involve a surgeon at all. It involved a speech therapist whose failure to properly manage a patient’s swallowing problems contributed to a young mother’s wrongful death claim.
That case still sits with us, because it’s a reminder of a fact most families do not appreciate until it’s too late: medical malpractice isn’t limited to physicians.
If you are trying to understand whether your loved one’s injury or death was the result of malpractice, even though the person responsible was not a doctor, our St. Petersburg medical malpractice lawyers can provide answers. The consultation is free. For over 25 years, the Fernandez Firm has recovered over $100 Million for Florida families.
No. Any licensed healthcare provider can be held liable, including nurses, speech-language pathologists, physical and occupational therapists, and physician assistants.
Speech-language pathologists are specifically responsible for diagnosing and managing dysphagia, a swallowing disorder that, if mismanaged, can lead to aspiration pneumonia: a serious lung infection caused by food, liquid, or saliva entering the airway instead of the stomach. This is common in stroke patients, elderly patients, and anyone recovering from a major illness or surgery.
When a speech therapist fails to properly assess a patient’s swallowing ability, recommends an unsafe diet texture, or doesn’t flag warning signs to the rest of the care team, the consequences can be fatal. That’s exactly what happened to our client’s mother, and the basis of our multi-million dollar Pinellas County jury verdict.
What Types of Cases Do We Handle in St. Petersburg?
Surgical errors, strokes, bedsore claims and pressure injury, missed or delayed diagnosis, birth injuries, anesthesia mistakes, and wrongful death make up a large share of our caseload at Bayfront Health and other St. Petersburg-area facilities.
How Do You Know If You Have a Case?
You may have a case if a provider, of any kind, failed to meet the standard of care for their profession, and that failure caused real harm.
For a speech therapist, that means properly assessing swallowing function, recommending the right diet texture, and communicating risk clearly to nursing staff and family. For a physician, it means the same standard applied to their own specialty.
A bad outcome alone isn’t enough. A documented failure to follow accepted protocols, paired with serious harm, usually is. We review medical records and consult independent health care experts to determine if you have a medical malpractice case, all at no cost to you. We don’t get paid unless and until you win a recovery.
If you believe a St. Petersburg health care provider was involved, you can also file a complaint with the Florida Agency for Health Care Administration (AHCA), which licenses providers and inspects Florida facilities. A complaint does not affect your right to also pursue a claim.
You can verify any Florida provider’s license and disciplinary history, including nurses, doctors, speech-language pathologists and other allied health professionals, through the Florida Department of Health’s MQA Search Services.
What Has the Fernandez Firm Recovered for Clients?
Our $2.6 Million Pinellas County jury verdict, which was in addition to a $550,000 pretrial settlement with several other medical providers in the same case, reflects our level of commitment and the depth of our investigation. We look beyond the obvious and scrutinize every action of all involved in the medical care to identify all potential negligent parties who contributed to the harm.
Other medical malpractice verdicts and settlements we have obtained throughout Florida include:
- $36.7 Million — Jury Verdict against an Orlando physician whose medical negligence caused catastrophic brain injuries to a child at birth. That verdict — as well as post-trial sanctions against the doctor and his lawyers – were upheld on appeal.
- $4.25 Million — Settlement for a 45-year-old wife and mother whose impending stroke was misdiagnosed by multiple physicians in a Florida, Orlando-area hospital, resulting in devastating neurological injuries.
- $3.57 Million — Verdict for a Lakeland-area woman whose calls for help from nursing staff after a fall in her hospital room were ignored, resulting in permanent nerve damage. Following trial, the court also awarded our client $1.56 million in attorney’s fees and prevailing party costs.
- $2 Million — Settlement for a Space Coast area wife and mother who suffered extensive damage to her heart due to surgeon’s errors during non-emergent cardiothoracic surgery.
- $1.8 Million — Settlement for a Sarasota wife and mother who suffered permanent nerve damage when a surgeon sutured through a nerve during elective hip surgery.
Past results do not guarantee a similar outcome in your case.
Why Choose the Fernandez Firm for Your St. Petersburg Medical Malpractice Case?
Because we don’t assume the only person responsible is the one whose title sounds most serious.
A dysphagia or aspiration case requires a different kind of expert than a surgical case, someone who can speak credibly to swallow-safety protocols and what a competent speech-language pathologist should have caught. We’ve built that kind of case before, successfully.
Florida’s pre-suit process under Florida Statute §766 applies regardless of which type of provider is involved: a good faith investigation, a sworn expert opinion, formal notice, then a 90-day response window before a lawsuit can proceed in the Sixth Judicial Circuit, which covers Pinellas and Pasco counties.
Who Will Handle Your St. Petersburg Medical Malpractice Case?
When you hire The Fernandez Firm, your case is personally managed from start to finish by our founding partners Frank F. Fernandez III or Jennifer Gentry Fernandez. Your file will never be passed to a junior associate, paralegal, or support staff.
Direct Partner Representation & Decades of Trial Experience
Complex medical negligence claims require high-level legal strategy, detail-focused preparation, and direct client communication. Our lead attorneys bring over 30 years of specialized trial experience fighting major hospital chains and insurance companies in Pinellas County and across Florida.
Frank F. Fernandez III
- 30+ Years of Medical Malpractice Litigation: Proven trial record against Florida’s largest healthcare systems and insurers.
- Recognized Legal Excellence: Named a Super Lawyer for 10+ consecutive years, selected as Florida Legal Eliteby Florida Trend Magazine, and recognized as a Top Attorney by Tampa Bay Magazine.
Jennifer Gentry Fernandez
Former Defense Insight: Litigating medical negligence cases since 1994, bringing valuable perspective from previously defending doctors and hospitals to now exclusively representing injured patients and families.- Peer-Honored Plaintiff Advocate: Selected as a Plaintiff Medical Malpractice Super Lawyer, named a Top Attorney by Tampa Bay Magazine since 2017, and featured in Tampa Style’s Top Women in the Law.
Award-Winning Advocacy for Pinellas County Families
In September 2022, Frank and Jennifer were honored with the Florida Justice Association’s prestigious Krupnick Guardian of Justice Award for perseverance and the relentless pursuit of justice.
When navigating one of the most challenging experiences of your life, get the dedicated partner-level representation you deserve.
- Free, Confidential Case Evaluation
- No Fee Unless We Win
St. Petersburg Medical Malpractice FAQs
Real questions people ask once they realize a doctor wasn’t the one at fault.
What is the pre-suit investigation process?
Florida law generally requires a good-faith investigation, a sworn expert opinion, and formal notice to each prospective defendant before a medical malpractice lawsuit can be filed under Florida Statute §766. After notice is served, the healthcare provider typically has 90 days to respond.
How long do I have to file a medical malpractice claim?
Generally two years from when you discovered, or should have discovered, the negligence under Florida’s statute of limitations, with a four-year outer limit in most cases. Contact us promptly if you have any concern about your timeline.
What damages can I recover?
Depending on your case, you may be able to recover compensation for past and future medical expenses, lost income, pain and suffering, and loss of enjoyment of life. Wrongful death claims may also include funeral expenses and loss of companionship.
Will my case settle or go to trial?
Many medical malpractice cases settle, but only because the other side knows we are fully prepared to try the case. We built our Pinellas County case as though it would go before a jury, and it resulted in a $2.6 million verdict.
Does it matter if the negligent provider worked for a staffing agency instead of the hospital?
Yes. It can affect who is legally responsible for your injuries. As part of every investigation, we determine whether the provider, hospital, staffing agency, or another entity may share liability.
Can you actually sue a speech therapist for malpractice?
Yes. Speech-language pathologists are licensed healthcare professionals in Florida and can be held responsible when they fail to meet the accepted standard of care, particularly in dysphagia evaluation and swallowing management.
My loved one died from aspiration pneumonia after a stroke. Should I investigate whether malpractice was involved?
Yes. Aspiration pneumonia following a stroke can sometimes result from inadequate swallow evaluations, poor nursing care, or unsafe diet recommendations. We can review the medical records to determine whether accepted medical protocols were followed.
I thought medical malpractice only applied to doctors. Can another healthcare provider be held responsible?
Yes. Nurses, speech-language pathologists, physical therapists, occupational therapists, physician assistants, and other licensed healthcare providers may all be liable if they fail to meet the accepted standard of care for their profession.
If a nursing home and a speech therapist were both involved, can I pursue claims against both?
Often, yes. Aspiration-related injuries frequently involve failures by multiple providers or facilities. We investigate everyone involved in your loved one’s care to identify all potentially responsible parties.
What if I only recently discovered that someone other than a physician may have caused the malpractice?
The same medical malpractice deadlines generally apply regardless of the provider’s job title. Because Florida law requires a pre-suit investigation before a lawsuit can be filed, it is important to speak with an attorney as soon as possible so your deadlines can be properly evaluated.
We Don’t Get Paid Unless You Win
You owe us nothing unless we win your case. No retainer, no hourly fees, no upfront costs of any kind.
We advance the costs of the investigation, expert witnesses, depositions, and court filings. Our fee is an agreed-upon percentage of your recovery, collected only when we win. If we do not recover for you, you owe us nothing.
The consultation is always free.
Get Your Free Case Evaluation!
Contact Our St. Petersburg Medical Malpractice Attorneys
If something feels wrong about the care your loved one received, even if no doctor was directly involved, we want to hear about it.
St. Petersburg Office 360 Central Ave #840, St. Petersburg, FL 33701 (727) 451-9919
Call (800) 222-8163 or contact us online. We are available 24 hours a day, 7 days a week.
Free Case Review — No Fee Unless We Win
The Fernandez Firm – St. Petersburg Office
360 Central Ave #840,
St. Petersburg, FL 33701
Phone: (727) 451-9919